LICENSING COMMITTEE AGENDA - Hartlepool Borough Council

LICENSING COMMITTEE AGENDA 

Wednesday 24 th September 2008 

at 10.00 am 

in Committee Room B 

MEMBERS: LICENSING COMMITTEE: 

Councillors Aiken, Atkinson, Brash, R W Cook, Fleet, Fleming, Griffin, Hall, Jackson, 

G Lilley, London, McKenna, Morris, Rogan and Tumilty 

1. APOLOGI ES FOR A BSENC E 

2. TO RECEIV E ANY DECLARATIONS OF INTEREST BY MEMBERS 

3. MINUT ES 

3.1 To confirm the minutes of the meeting held on 7 th August 2008 

4. ITEMS REQUIRING DECISION 

4.1 Tow n-wide Designated Public Places Order – Head of Community Safety and 

Prevention and Chief Solicitor 

5. ITEMS FOR I NFORMATION 

6. ANY OTHER ITEMS WHICH THE CHAIRMAN CONSIDERS ARE URGENT 

W:\CSWORD\DEMOCRATIC SERVICES\COMMITTEES\LICENSING CTTEE\AGENDAS\AGENDAS - 2008-2009\08.09.24 LICE NSING AGENDA.DOC/1 

Hartlepool Bor ough Council

Licensing Committee - Minutes and Decision Record – 7 August 2008 3.1 

LICENSING COMMITTEE 

MINUTES AND DECISION RECORD 

7 August 2008 

The meeting commenced at 10.00 a.m. in the Civic Centre, Hartlepool 

Present: 

Councillor 

Victor Tumilty (In the Chair) 

Councillors: Reuben Atkinson, Jonathan Brash, Mary Fleet, Tim Fleming, 

Ged Hall, Peter Jackson, Geoff Lilley, Frances London, Chris 

McKenna and Trevor Rogan 

Officers: 

Tony MacNab, Solicitor 

Sylvia Pinkney, Consumer Services Manager 

Sarah Bird, Democratic Services Officer 

Also present Rob Pattison, Ray Tweddle and Ian Cawley 

8. Apologies for Absence 

Apologies for absence had been received from Councillors R W Cook, 

Griffin and Dr Morris. 

9. Declarations of Interest by Members 

Councillor Fleet declared an interest in item 11 as a member of her family 

was a taxi driver and left the meeting. 

10. Confirmation of the Minutes of the Meeting held on 2 

July 2008 

The minutes of the meeting held on 2 July 2008 were confirmed as an 

accurate record. 

11. Hackney Carriage Tariffs (Consumer Services Manager) 

Purpose of report 

The report was presented in order to consider an increase in Hackney 

Carriage tariffs. 

08. 08. 07 Licensi ng Cttee Minut es and Decision R ecord 

1 Hartlepool Bor ough Council


Issue(s) for consideration by the Committee 

Following the meeting held on 11 December 2002, it was agreed that there 

would be an annual review of Hackney Carriage tariffs taking into account 

any proposals made at the Vehicle Owners’ Annual General Meeting 

(AGM). However at the AGM held in 2008 it was agreed that there would 

be no request for a general tariff increase in 2008. Subsequently a letter 

signed by 12 Hackney Carriage owners was presented requesting an 

increase of 30p on the ‘flag fall’ due to the rapid rise in fuel costs. The 

issue was considered at the May 2008 meeting of this committee but it was 

decided that a fairer way of implementing any increase would be one based 

on distance travelled. Licensing Officers have liaised with representatives 

of the Taxi Owners working group and a proposal was sent to all Hackney 

Carriage owners for consideration. The majority of vehicle owners 

expressed support for these proposals (outlined in Appendix II of the 

report). The proposal generates a potential fare increase of 10p for 

journeys of one mile, 30p for journeys of two miles and between 40p and 50 

for journeys of three miles. 

Members were reminded of the recent increase in fuel costs. If a tariff 

increase were approved then a Public Notice would be placed in the 

Hartlepool Mail to inform the general public. Should any objections be 

received within 14 days of the Notice being published then the matter would 

be referred back to the Licensing Committee before any increase was 

implemented. This would mean that even if there were no objections then 

the fares would not be increased for approximately 3 weeks. 

By law Hackney Carriage drivers are prevented from charging more than 

the maximum approved tariff, therefore any increase in their operating costs 

must be absorbed by them until any tariff increase is approved by the 

Council. Currently Hartlepool taxi tariffs are the fourth cheapest in the 

country. 

Members unanimously expressed support for the proposed fare increases 

which were felt to be justified considering the recent rise in fuel costs. 

Members were reminded that the next Vehicle Owners’ AGM would be held 

in January 2009 and should there be any concerns raised, a further rise in 

prices could be proposed then. 

Decision 

Members agreed to adopt the fare increases proposed in the report. 

Councillor Fleet returned to the meeting. 




12. ANY OTHER ITEMS WHICH THE CHAIRMAN 

CONSIDERS URGENT 

Complaint from an Owner of an Eight Seater Mini-Bus. 

A letter had been received from the owner of an eight seater mini-bus 

complaining that he was unable to levy the surcharge of £1.50 which is 

available to those vehicles which are purpose built wheelchair accessible. 

The Chief Solicitor had responded to this complaint stating that the 

Committee in the past had given consideration as to whether the extra 

charge should include minibuses which are not purpose built wheelchair 

accessible vehicles but had decided against this. 

Members discussed whether this policy should be applied to the eight 

seater vehicle which despite having the room to carry wheelchairs and 

mobility scooters was not purpose built wheelchair accessible. 

The Committee agreed to uphold the earlier decision not to apply the 

surcharge to such vehicles. 

Drinks Promotion 

The Chair informed the Committee that he had become aware of a drinks 

promotion at the re-opening of the Alma where at intervals during the 

evening, customers would be able to buy a shot of whiskey for 5 pence. 

The Consumer Services Manager stated that if the police objected then the 

licence could be reviewed but unless there was an objection the licence 

should remain as it was. 

Church Street 

The Chair stated that he had heard that taxi drivers were unwilling to enter 

this area between the hours of 2.00 and 4.00 am and asked the drivers 

present why this was so. The drivers responded saying that there was a lot 

of rowdy behaviour at this time and drivers were worried that their vehicles 

may suffer damage. 

The meeting concluded at 10.35 am. 

CHAIR 



Licensing Committee – 24 September 2008 4.1 

Report to: 

Report of: 

Licensing Committee 

Head of Community Safety & Prevention and Chief Solicitor 

Date: 24 th September 2008 

Subject: 

Town-wide Designated Public Places Order 

1. PURPOSE OF REPORT 

To consider the legal implications of introducing a town-wide Designated Public 

Places Order (DPPO). 

2. BACKGROUND 

2.1 Sections 12-16 of the Criminal Justice and Police Act 2001 allow local authorities 

to adopt powers contained in the Local Authorities (Alcohol Consumption in 

Designated Public Places) Regulations 2007 to designate areas, which have 

known anti-social drinking, and nuisance associated with them. In designated 

places the Police are provided with powers to enforce restrictions on public 

drinking. 

2.2 The Regulations specify that making an order is a ‘non Executive’ function. At 

Council on 14 th December 2006, it was agreed to delegate to Licensing Committee 

the power to discharge the Council’s functions under the Local Authorities (Alcohol 

Consumption in Designated Public Places) Regulations 2001 (now 2007 

Regulations), namely: 

• consideration of any representations received 

• add to, delete, extend, reduce or otherwise vary the proposed designated 

areas, and 

• on the Council’s behalf, to approve the order or orders and take any further 

action necessary in that regard and 

• authorise the Chief Solicitor to publish all notices necessary to comply with 

regulations. 

2.3 The process to be followed to designate areas is: 

• Gather evidence of anti-social drinking in specific public places (e.g. parks, 

streets etc) 

• Consult locally to gather views of residents, businesses, ward councillors and 

visitors to the areas on the possible designation of the areas 

• Consult, as required by the Regulations, the Police district commander, Parish 

Councils and licensees of licensed premises in the proposed areas 

• Where evidence exists, seek approval from Licensing Committee to publish in 

the Hartlepool Mail, the formal notification of the Council’s intention to 

designate areas, and invite representations within a 28 day period 

4.1 Licensi ng 24. 09.08 Town wi de designat ed public plac es or der 

1 HARTLEPOOL BOROUGH COUNCIL


• Report the results of the publication and any representation, to Licensing 

Committee, and seek approval (as appropriate) to make a Designated Public 

Places Order (DPPO) for the areas. 

• Prior to the DPPO coming into force, publish details in the Hartlepool Mail, with 

the commencement date. 

• Erect signs in all areas to be subject to the DPPO provisions, prior to the 

commencement date. 

3. IMPLEMENTATION TO DATE 

3.1 Two phases have been considered by Members of Licensing Committee and 

designation approved: 

1) areas covered by the previous alcohol byelaws (list attached at Appendix 1) 

2) areas such as out of town shopping parades, play areas, cemeteries, parks 

and some residential streets (list attached at Appendix 2). 

3.2 There are a number of additional areas which have been identified by Members 

and residents, which they consider should be included in a further designation 

order. These include: 

1) King Oswy play area 

2) Baden Street and Brinkburn Road 

3.3 During discussions about both phases mentioned in paragraph 3.1 above, 

Members have asked about the possibility of a town-wide Designation Order being 

introduced, as it was felt that this might alleviate displacement problems. Police 

representatives present at the meetings advised that they were in favour of a townwide 

order for enforcement purposes, but understood that due to the legal 

requirements, in the Regulations regarding evidence of anti-social drinking before 

an area can be designated, this would be a problem, as only some areas are 

affected by anti-social drinking in public places. 

4. LEGAL REQUIREMENTS 

4.1 Section 13 of the Criminal Justice & Police Act 2001 states that: 

1) A place is a designated public place if it is: 

a. a public place in the area of a local authority and 

b. identified in an order made by that authority under subsection (2) 

2) A local authority may for the purpose of subsection (1) by order identify any 

public place in their area if they are satisfied that: 

a. nuisance or annoyance to members of the public or a section of the 

public; or 

b. disorder; 

has been associated with the consumption of intoxicating liquor in that place. 




4.2 The procedure to be followed in connection with the making of orders under 

Section 13 (2) of Criminal Justice and Police Act 2001, has been prescribed in the 

Local Authorities (Alcohol Consumption in Designated Public Places) Regulations 

2007. 

4.3 It is known that a few Local Authority areas have designated their whole Borough. 

It may be that they have evidence which shows that all public areas have antisocial 

drinking. However if that is not the case, the implications of designating 

areas without evidence are: 

1) The Order would be unenforceable. 

2) The Authority would run the risk of the decision being Judicially Reviewed and 

therefore expose the Authority to an Order for Costs which could be substantial. 

5. RECOMMENDATIONS 

That Members comply with the legal requirements prescribed by Section 13 (2) of 

Criminal Justice and Police Act 2001 and only designate areas where the Police 

have provided evidence of anti-social drinking. 

Contact officer: 

Alison Mawson & Tony MacNab 

Background papers 

− Criminal Justice & Police Act 2001 

− Local Authorities (Alcohol consumption in Designated Public Places) Regulations 

2007 

− Reports to Licensing Committee on 27 th June 2007 and 12 th March 2008 




Appendix 1 

CRIMINAL JUSTICE AND POLICE ACT 2001 

Alcohol Consumption in Designated Public Places Order 2007 

The Hartlepool Borough Council (in this Order called “the council”) hereby 

make the following Order under Section 13(2) of the said Act: 

1. The land described in the Schedule below and shown on the map attached to this 

Order, being land in the area of the Council which is land to which the Criminal 

Justice and Police Act 2001 applies, is hereby designated for the purposes of that 

Act. 

2. This Order may be cited as the Alcohol Consumption in Designated Public Places 

for the area of Hartlepool Borough Order 2007 and shall come into force on xx 

xxxxxx 2007. 

Part 1 - Hartlepool 

Highways 

SCHEDULE 

Avenue Road 

From its junction with Victoria Road southerly to the Middleton Grange Shopping Centre. 

Back Victoria Homes 

Adjacent to Burn Valley Gardens 

Baden Street 

That part which passes through Burn Valley Gardens 

Brinkburn Road 

That part which passes through Burn Valley Gardens 

Colwyn Road 

Park Road 

From its junction with Osborne Road to its junction with Stockton Street 

Roker Street 

South Road 

From its junction with Avenue Road to its junction with Back York Road 

Stockton Street 

From its junction with Hucklehoven Way/Park Road to its junction with Upper Church Street 

Swainson Street 

Unnamed Road 

Adjacent to the north western edge of Burn Valley Gardens 

Victoria Road 

From its junction with Upper Church Street to its junction with York Road 

Villiers Street 

York Road and Back York Road East 

From its junction with Victoria Road to its junction with Park Road 




Car Parks 

Multi –story car park 

Junction of Park Road and Stockton Street 

Surface level car park 

West of Stockton Street 


East of Back York Road, including car park beneath the Market Hall 


North of Park Road 

Central Library car park and its precincts 

Parks, Gardens and other Public Leisure Facilities 

Burn Valley Gardens 

Lying south of Colwyn Road and extending west as far as the unnamed 

Footpath which runs north west to the junction of Queensberry Avenue and Elwick Road 

Rossmere Park (south of Rossmere Way) 

Serpentine Gardens, (at the junction of Serpentine Road/Hart Lane) 

Victory Square (including the War Memorial) 

Ward Jackson Park, (between Park Avenue and Elwick Road) 

Open Amenity Areas 

Open space 

To the east of Burn Valley Gardens. 

Open space 

On south side of Colwyn Road adjacent to Burn Valley Gardens 

Open space 

Area bounded by Victoria Road/Raby Road and A179 adjacent Wesley Chapel 

Part 2 – Headland 

Highways 

Albion Terrace 

Bath Terrace 

Cliff Terrace 

The southern footpath only from its junction with Radcliffe Terrace to its junction with 

Batch Terrace 

Croft Terrace 

High Street 

The southern footpath only from its junction with Sandwell Chare to its junction with Croft 

Terrace Path 

Radcliffe Terrace 

Sandwell Chare 

South Crescent 

The Headland Promenade 

The Promenade 

Between Headland Promenade and York Place. 




Town Wall 

From the western boundary of number 30 Town Wall to its junction with Croft Terrace 

Unnamed Path 

From Moor Terrace to the site of the former gun placement 

Unnamed Path 

Between High Street and Croft Terrace 

York Place 

Parks, Gardens and other Public Leisure Facilities 

Croft Garden, (east of Sandwell Chare) 

Band Stand, the Promenade 

Redheugh Close Gardens, including the War Memorial (between Radcliffe 

Terrace and Cliff Terrace) 


Open Space 

Between Harbour Public House and Croft Gardens 

Fronts and the Foreshore 

Front at Headland 

i) All that area of the front and foreshore including the paddling pool and all steps, ramps, 

paths, platforms and bankside from time to time situated between the low water mark 

of medium tides and Town Wall and the Promenade and between: 

a) an imaginary line running south from a point on the western boundary of number 30 

Town Wall; and 

b) an imaginary line running from number 14 south Crescent along the south western 

elevation of the Heugh Breakwater. 

ii) Pilot Pier, also known as the Old Pier, is excluded from this area. 

Other Areas 

Area around the Heugh Lighthouse between Bath Terrace and the Promenade Car Park 

which forms the eastern extension of Moor Terrace 

Heugh Battery 

Old Gun Placement 

Part 3 – Seaton Carew 

Highways 

Ashburn Street 

Charles Street 

Church Street 

From its junction with The Front to the holy Trinity church 

Coronation Drive 




From the Swimming Baths Car Park to its junction with The Cliff 

Green Terrace 

Major Cooper Court, (Charles Street) 

The Cliff 

The Espanlade 

The Green 

The Front 

Unnamed Road 

Leading from The Front to and alongside the Amusement Park 

Unnamed Road 

From The Front adjacent to Café royal to The Espanlade 

West View Terrace 

Car Parks and Bus Terminus 

Bus Terminus 

East of The Front, including the verges, benches and shelters 

Rocket House Car Park 

South of Longscar Hall, The Front 

Seaton Carew Car Park 

Within Seaton Carew Park 

Wainwright Walk Car Park 

East of Coronation Drive 

Parks, Gardens and Other Public Leisure Facilities 

Crazy Golf Course 

East of The Front 

Lawns and Gardens and Paved Areas 

East of The Front, The Green and The Cliff 

North Shelter and Public Toilets 


Paddling Pool 


Putting Green 


Seaton Carew Park 

South of Station Lane 

South Shelter, Clock and Public Toilets 

East of the Bus Terminus 


Open Space 

East of The Front and The Cliff 

Open Space 

On south side of Station Lane at its junction with The Front 

Open Space 

East of Ashburn Street 




Open Space 

West of Ashburn Street 

Open Space 

East of Wainwright Walk 

Open Space 

The Green (including the War Memorial) 

Fronts and the Foreshore 

Front at Seaton Carew 

All that area of the front and foreshore, including all steps, ramps, paths, platforms and 

banksides from time to time situated between the low water mark of medium times and 

the Espanlade and between: 

a) an imaginary straight line running in a generally easterly direction from a point on the 

Espanlade at its junction with the unnamed slipway road which runs between the 

Putting Green and the Amusement Park: and 

b) an imaginary straight line running in a generally easterly direction from a point on 

Coronation Drive at its junction with the Northern boundary of number 20 Wainwright 

Walk. 

Dated xx xxxxxxxxx 2007 

The Common Seal of the Hartlepool Borough Council 

was hereunto affixed in the presence of 

Solicitor 




Appendix 2 

CRIMINAL JUSTICE AND POLICE ACT 2001 

Alcohol Consumption in Designated Public Places Order 2008 

The Hartlepool Borough Council (in this Order called “the Council”) hereby make the 

following Order under Section 13(2) of the said Act. 

1. The land described in the Schedule below and shown on the map attached to this 

Order, being land in the area of the Council which is land to which the Criminal Justice 

and Police Act 2001 applies, is hereby designated for the purposes of that Act. 

2. This Order may be cited as the Alcohol Consumption in Designated Public Places for 

the area of Hartlepool Borough Order 2008 and shall come into force on xx xxxxx 

2008. 

SCHEDULE 

Highways 

Abigail Walk 

Addison Road 

Albany Court 

Alderson Street 

Alma Street 

Ashley Gardens 

Barbara Mann Court 

Belk Street 

Bentick Street 

Brafferton Street 

Breward Walk 

Brougham Terrace 

From its junction with Raby Road 

to its junction with Turnbulll street 

Cameron Road 

Charterhouse Street 

Chatham Road 

Cornwall Street 

Cundall Road 

Dent Street 

Derby Street 

Derwent Street 

Devon Street 

Dorset Street 

Duke Street 




Elcho Street 

Elliott Street 

Eton Street 

Furness Street 

Glamis Walk 

Gloucester Street 

Gordon Street 

Grainger Street 

Grange Road 

From its junction with Murray Street 

To its junction with Mulgrave Road 

Gray Street 

Grosvenor Gardens 

Harcourt Street 

Harrow Street 

Hartley Close 

Headland Front 

numbers 2-29 

Herbert Walk 

Helmsley Street 

Hurworth Street 

Jackson Street 

Jacques Court 

Johnson Street 

Lowthian Road 

Mapleton Road 

Marlborough Street 

Marton Street 

Mary Street 

Mason Walk 

Mayfair Street 

Milton Road 

Mitchell Street 

Morton Street 

Mulgrave Road 

Murray Street 

Oakley Gardens 

Perth Street 

Potter Walk 

Raby Road 

Richmond Street 

Rossall Street 

Roseberry Mews 

Rugby Street 

Sheriff Street 

Shrewsbury Street 

Stephen Street 




St. Oswald’s Street 

St. Paul’s Road 

Stotfold Street 

Straker Street 

Suggitt Street 

Thorneville Road 

Thornton Street 

Topcliffe Street 

Turnbull Street 

Tuson Walk 

Tweed Walk 

Uppingham Street 

Wynnstay Gardens 

York Road From its junction with Park Road to Colwyn Road 

Young Street 

Shopping areas 

Caledonian Road 

Front of shop at 2 Caledonian Road 

Catcote Road 

Front, rear and access areas of shops 

from numbers 240 to 250 

Catcote Road (Fens Shops) 

Front, rear and side of shops including car park . 

Catcote Road Shops (at junction 

with Oxford Road) 

Front, side and rear of shops of shops, including garaged area at rear 

Chatham Road: 

Front of shops from junction with 

Acclom Street to Oakley Gardens 

Clavering Road: 

Front, rear and grassed areas at sides 

of shops. 

Davison Drive: 

Front and rear of shops including service and access areas 

Elwick Road: 

Front of shops from junction with York Road to Burn Valley Road 




King Oswy Drive: 

Front, side and rear of shops 

Including all service roads and 

thoroughfares 

Miers Avenue: 

Front, side and rear of shops including 

all service and access areas. 

Middleton Grange: 

Middleton Grange Shopping Centre: 

including Queens Parade, all malls, 

squares, arcades, ramps, subways, approach 

roads, service roads and all other 

service areas, amenities and 

adjacent landscaped areas 

Northgate (North): 


including service and access areas 

Northgate (South): 


including service and access areas 

Oxford Road: 

Front and rear of shops on 

Oxford Road from its junction 

with Shakespeare Avenue to 

Caledonian Road. 

Oxford Road: 

Front of shop at number 

1 Oxford Road 

Owton Manor Lane (Rossmere): 

Front of shops including both side 

access roads and garaged area 

at rear of shops. Also including 

footpath leading from rear of 

shops to Campbell Road. 

Owton Manor Lane (St Patrick’s Shops): 

Front, side and rear of shops. 

Salter Walk: 

Front of shops at number 2-4 




Stockton Road (St. Aidans Shops): 

Front of shops (number 117 to 145) 

Stockton Road: 

Front, side and rear service 

area of shops 

(numbers 13 to 33) 

Warren Road: 

Front, side and rear of shops, 

Including service access areas 

and adjacent walkways 

Wiltshire Way: 

Front, side and rear of shops, 

including car park. 

Wynyard Road Shops: 


including service area 

Parks, Cemeteries, Gardens and other Public Leisure Facilities 

King George V Playing Field 

Lynfield School 

Mill House Skateboard Park 

North Cemetery 

Old Cemetery (Spion Kop) 

Play area, ClaveringRoad/Rafton Drive 

Play area, Grayfields 

Play area, Greatham 

Play area, Jutland Road 

Play area, Oxford Road 

Rift House Recreational Ground 

Stranton Cemetery 

Stranton Garth 

West View Cemetery 

Summerhill 

All Tennis Courts, Bowling Green 

and play areas including pavilion and 

shelters adjacent to Jacques Court, Headland 


Headland Town Square 




Dated xx xxxxx 2008 

The Common Seal of the Hartlepool Borough Council 

was hereunto affixed in the presence of 

Solicitor

LICENSING COMMITTEE AGENDA - Hartlepool Borough Council

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